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High Court quashes “Unfair” Circuit Court Decision in Traveller Family’s Hotel Discrimination Case

9 September 2024

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  • The young family (represented by FLAC) had succeeded in a WRC discrimination case against Charleville Park Hotel after it denied them access to accommodation. Their victory was overturned by the Circuit Court on appeal.
  • The High Court has now decided that the Circuit Court hearing “was unfair as a result of excessive intervention” by the Circuit Judge.
  • The Circuit Judge used the word “itinerant” in reference to Travellers during the appeal hearing. The High Court described this language as “inappropriate and derogatory”.

FLAC (Free Legal Advice Centres) has today welcomed the High Court’s ruling in judicial review proceedings taken by a young Traveller family who were subject to an “unfair” Circuit Court discrimination appeal.

In 2022, the Workplace Relations Commission found that the Charleville Park Hotel discriminated against Bridget O’Reilly, Philip O’Neill and their children (on the Traveller Community and Housing Assistance grounds). The hotel had refused to honour their booking at the hotel (for a three-night stay during a period when they were homeless) because they could not provide a credit card. The family were awarded a total of €22,000 in compensation.

The hotel appealed that ruling to the Circuit Court and it was overturned. The Circuit Court appeal heard evidence from Pat McDonagh (Managing Director of the company which owns the hotel), as well as Mr O’Neill and Ms O’Reilly. In his judgment quashing the Circuit Court decision, Mr Justice Barry O’Donnell of the High Court observed:

  • “…the [Circuit] judge initiated and effectively took over [Ms O’Reilly’s] examination in chief.  Of the first 63 questions asked, only 6 questions were asked by Ms O’Reilly’s counsel... the learned Judge expressed considerable scepticism that the burden of proof had been discharged.”
  • “The evidence for the respondent was given by… Mr [Pat] McDonagh. Strikingly, all of the questions in his examination in chief were asked by the learned Judge, and most were leading questions directed towards explaining and justifying the position adopted by the Hotel.”

The High Court concluded that “…the proceedings in the Circuit Court were rendered unfair by the excessive interventions of the learned Judge.”

Mr Justice O’Donnell decided that the language used by the Circuit Judge does not give rise to a finding of bias. However, he did comment that: “It is fundamental that every person who brings a case before the courts at any level is entitled to expect an impartial hearing uncontaminated by pre-existing views or bias, and the use of derogatory or pejorative language – whether intended or inadvertent – carries a real risk that that expectation will be undermined”.

Mr Justice O’Donnell will now make an order for the appeal to be “remitted to the Circuit Court to be dealt with by a different judge.”

Sinéad Lucey, FLAC’s Managing Solicitor, commented:

“This is a very positive outcome for FLAC’s clients who have demonstrated remarkable bravery and perseverance.

Ireland’s courts now operate in a much more diverse society. FLAC have long highlighted the need for judicial non-discrimination and equality training and the introduction of a publicly available ‘Equal Treatment Bench Book’ (such as exists in the UK) to provide detailed guidance to the judiciary and all court users and professionals on ensuring equal access to the courts for groups who experiencing discrimination and disadvantage.”

ENDS

Notes to Editors:

FLAC (Free Legal Advice Centres) is an independent human rights and equality organisation, which exists to promote access to justice. As an Independent Law Centre, FLAC takes on a number of cases in the public interest each year and operates a Traveller Legal Service, Roma Legal Clinic and LGBTQI Legal Service. FLAC also operates a legal information and referral telephone line and a nationwide network of legal advice clinics where volunteer lawyers provide basic free legal advice.

The High Court judgment may be accessed here: https://www.courts.ie/acc/alfresco/9e6633d0-bc12-4b70-ba2a-76853b8ebeed/2024_IEHC_541.pdf/pdf#view=fitH

More information about the initial WRC proceedings may be accessed here: https://www.flac.ie/news/2022/03/02/wrc-finds-hotel-discriminated-against-family-when/

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